Imperial County Municipal Code Ch. 1 General Provisions

This division shall be known as the "Rooftop Solar Ordinance" and may be cited as such.

(Ord. No. 1509, § 1, 9-22-15)

In order to promote and encourage the use and eliminate unreasonable barriers for the installation of solar energy systems for on-site consumption, the state of California requires the county of Imperial to administratively approve any application for the installation of these types of systems by way of a building or similar nondiscretionary permit, unless the solar energy system adversely affects the health and safety of the public, therefore, requiring a conditional use permit, pursuant to Government Code § 65850.5(a) and (b). Furthermore, the state of California requires the county of Imperial through Assembly Bill (AB) 2188, which amended Section 714 of the California Civil Code and Section 65850.5 of the Government Code, to adopt an ordinance that creates as "expedited, streamlined permitting process for small residential rooftop solar energy systems," pursuant to Government Code § 65850.5(g)(1).

Therefore, the purpose of this ordinance [division] is to facilitate the permitting and installation of small residential rooftop solar energy systems for on-site consumption, and the intent is to create a process that expedites or streamlines the building (ministerial) permit process for these types of solar energy systems.

(Ord. No. 1509, § 1, 9-22-15)

A. Accessory Structure. An "accessory structure" is detached structure that is incidental and subordinate to the residential primary use, which is located on the same lot/parcel. May include carport, patio, workshop, hobby room, garage, greenhouses, storage building or similar structure.

B. Duplex Family Dwelling. A "duplex family dwelling" (duplex) means a residential structure with two attached dwelling units with separate entrances on one legal lot or any incidental accessory structure for the duplex that are primarily allowed in medium/high-density residential zones, such as R-2, R-3 and R-4. Each dwelling unit of the duplex is usually occupied by one household or family and may include two-story (one unit per floor) or side-by-side building layouts.

C. Electronic (Digital) Signature(s). An "electronic (digital) signature" shall mean, for the purpose of this ordinance [division], a signature that can be authenticated or validated electronically through appropriate software or qualified signature-creation device.

D. Electronic Submittal. An "electronic submittal" shall have the same meaning set forth in § 65850.5(j)(2) of the Government Code of the state of California and shall mean submittal of permit application by one or more of the following methods: email, Internet or facsimile (or fax). Acceptance of electronic submittals shall not constitute acceptance of an electronic signature(s).

E. Expedited or Streamlined Permit Process. "Expedited or streamlined permit process" shall mean streamlining the building permit process for simple, typical solar installations of SES so that permits can be issued in an easy and prompt manner, as directed in this division.

F. Kilowatt (kW). A "kilowatt (kW)" shall mean a unit of power equal to one thousand (1,000) watts.

G. Nondiscretionary Permit. A "nondiscretionary permit" shall mean a ministerial or building permit that does not require discretionary approval by a governing body of the county of Imperial and shall not include conditional use permits or similar land use entitlements.

H. Photovoltaic Systems. A "photovoltaic system" or solar (PV) panels shall mean a SES, with an alternating current nameplate rating, used to generate electricity.

I. Rooftop or Roof-mounted. "Rooftop or roof-mounted" shall mean that the SRR-SES is mounted and fastened to an existing code compliant roof of a single- or duplex-family dwelling or accessory structure, as defined in this chapter and shall not include any ground-mounted SRR-SES.

J. Single-Family Dwelling. A "single-family dwelling" (SFD) means a residential house (conventional only) that consists of just one dwelling unit and is usually occupied by one household or family or any incidental accessory structure for the SFD that are primarily allowed in low-density residential zones, such as R-1, R-2, A-1, A-2, A-3, S-1 and S-2.

K. Small Residential Rooftop Solar Energy System (SRR-SES). A "small residential rooftop SES," as described in § 65850.5(j)(3) of the Government Code of the state of California, means all the following:

1. A solar energy system that is no larger than ten (10) kilowatts alternating current [kWAC] nameplate rating or thirty (30) kilowatts thermal (kWth).

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the county of Imperial and paragraph (3) of subdivision (c) of Section 714 of the Civil Code.

3. A solar energy system that is installed on a single-family dwelling or duplex family dwelling (duplex).

4. A solar panel or module array that does not exceed the maximum legal building height as defined within Division 5 and 6 of Title 9 and within the Imperial County Airport Land Use Compatibility Plan.

L. Solar Energy Systems (SES). A "solar system," as described in § 801.5(a)(1) and (2) of the Civil Code of the state of California, is any of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

M. Streamline. "Streamline" or "streamlining" shall mean a fast and less complicated course of action. The terms "streamline" and "expedite" may be used interchangeably throughout this Rooftop Solar Ordinance (Division 32).

N. Thermal Systems. A "thermal system" shall mean a thermal solar energy system that is used to heat water in structure(s) or pool(s). "Thermal" shall be used in this ordinance [division] to reference a thermal SES that heats structures, and "thermal pools" shall be used in this ordinance [division] to reference a thermal SES that heats pools.

(Ord. No. 1509, § 1, 9-22-15)

The building official shall reject a building permit application for expedited services if any information on the submitted forms or plans is incorrect, erroneous, false, misrepresented, lacking, or missing, making it difficult to expedite the permit process. The building official will provide a deficiency notice to the applicant if information provided on the checklist is missing. The timeline to this process is as follows:

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Projects with 1—25 chargers: Five days to deem an application complete or incomplete; twenty (20) business days to approve/deny the project after administrative review limited to health and safety. The project will be deemed approved if no action is taken within these timelines.

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Projects with 26 or more stations: Ten (10) business days to deem an application complete or incomplete; forty (40) business days to approve/deny the project after administrative review limited to health and safety. The project will be deemed approved if no action is taken within these timelines.

(Ord. No. 1509, § 1, 9-22-15; Ord. No. 1587, §§ 1, 2, 12-5-23)

The Imperial County Planning and Development Services Department (Department) may contract with incorporated cities within the county of Imperial (e.g. Calipatria, etc.) to perform within a city all functions performed by the building division of this department, which includes processing building permits and performing site inspections. Therefore, this department may receive and process building permits for SRR-SES for any cities that may have an approved contract (agreement) with the county of Imperial, subject to the following:

A. Planning approval from the city, or authorized agent, shall be provided with the application on the approved form (Form SRR-SES2).

B. Fire approval from the city fire department, or authorized agent, shall be provided with the application on the approved form (Form SRR-SES2).

C. Application shall not be accepted or deemed complete without required approvals listed in subsection A and B of this section.

D. Building permit applications and inspections for SRR-SES shall be subject to all the requirements of this division and processed as directed by Division 32 of Title 9 (the Rooftop Solar Ordinance).

(Ord. No. 1509, § 1, 9-22-15)

A. Obtaining building permits from the county of Imperial (county) is only one part of the process to install and use SRR-SES, and the applicant(s) for such systems is responsible to coordinate with all involved agencies, in order to move through the process efficiently, i.e. with minimal or no issues.

B. The Imperial Irrigation District (IID or district) and other utility providers that service the county of Imperial have a separate approval process for interconnection or incentive programs, such as IID's Solar Solution Incentive Program and Net Energy Metering Program that may apply to SRR-SES (PV). Approval or issuance of building permits or approval or sign-off of final inspections for SRR-SES by the county of Imperial shall not constitute approval or acceptance by IID or other utility providers for any relevant program for incentives or interconnections.

C. The applicant of any building permit for SRR-SES (PV) is expected to contact their utility provider early in the planning stage, in order to assure a timely and cost-effective project. Although approval from the utility provider is not required by the county to process and approve building permits for SRR-SES, the applicant should design the SRR-SES to meet standards of the county and the utility provider, in an effort to minimize revisions and modification to the SRR-SES.

(Ord. No. 1509, § 1, 9-22-15)

All work done for SRR-SES through an approved building permit from Imperial County Planning and Development Services Department (ICPDS) shall be done by a licensed contractor, as required by the California State License Board (CSLB).

The contractor's license must be in good standing (current and active) with the California State License Board (CSLB), and the contractor must have on file with the ICPDS proof of worker's compensation insurance listing the county of Imperial as the certificate holder.

(Ord. No. 1509, § 1, 9-22-15)

SRR-SES that will be mounted on "mobile homes," as defined by this Title (Division 14) and Title 25 of the California Code of Regulations, within the jurisdiction of the county shall be processed and permitted by the California Department of Housing and Community Development. Therefore, building permits for SRR-SES on mobile homes within the county shall not be subject to this ordinance [division] or qualify for expedited permitting services from the county of Imperial.

(Ord. No. 1509, § 1, 9-22-15)